Justice Purushaindra Kumar Kaurav dismissed the petition filed by Imam Abdul Aziz, challenging the NDMC’s public notice from December 24, 2023, which sought objections and suggestions on the demolition.
NEW DELHI: Today (24th July): The Delhi High Court refrained from issuing directives regarding the proposed demolition of the Sunehri Bagh Masjid, following an assurance from the New Delhi Municipal Council (NDMC) that objections from the mosque’s Imam would be considered before making a final decision.
Justice Purushaindra Kumar Kaurav dismissed the petition filed by Imam Abdul Aziz, challenging the NDMC’s public notice from December 24, 2023, which sought objections and suggestions on the demolition.
The court recorded the Additional Solicitor General’s assurance that public objections would be deliberated as per the law.
The Heritage Committee’s decision on the mosque’s removal is still pending. Meanwhile, the petitioner’s senior counsel emphasized that the mosque, over 150 years old, is a significant heritage site integrated with nearby government buildings.
The court concluded by noting that a final decision had yet to be made and closed the proceedings.
The PIL filed by Waqf Welfare Forum was vehemently opposed by the counsel for the Centre, Delhi Police, Delhi Waqf Board and the New Delhi Municipal Council (NDMC) who contended that the petition was nothing more than a cut and paste work of the contentions and submissions advanced in the plea pending before the single judge filed by the Imam of Sunehri Bagh Masjid.
One of the prayers in the petition sought direction the Delhi Waqf Board to discharge its legal and executive duty to protect waqf properties as per the Waqf Act, 1995 and Waqf (amendment) Act, 2013.
Previously, the High Court reviewed a plea filed by the mosque’s imam challenging a public notice issued by the New Delhi Municipal Council (NDMC) on December 24, 2023. The notice solicited objections and eight suggestions from the public concerning the removal of the mosque due to purported traffic congestion in the area.
READ ALSO: Delhi High Court Declines PIL Against Planned Demolition of Sunehri Bagh Mosque
According to the notice, the NDMC had applied to the Heritage Conservation Committee for the masjid’s removal, calling for feedback from the public by January 1, 2024.
Senior advocate Sanjay Jain, representing the traffic police, informed the single-judge bench of Justice Sachin Datta that the matter had been referred to the appropriate authority, the Heritage Conservation Committee, which holds the responsibility of making a decision regarding the issue.
Jain emphasized that it was premature to anticipate the committee’s decision at this stage.
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